Agenda Item 9.4, Attachment 1

MEMORANDUM OF UNDERSTANDING AND AGREEMENT 

BETWEEN 

THE JAMESTOWN S’KLALLAM TRIBE 

AND 

THE CITY OF SEQUIM 

The Jamestown S’Klallam Tribe (“Tribe”) and the City of Sequim (“City”) (each a “Party” and 

collectively, “Parties”) enter into this Memorandum of Understanding and Agreement ( “MOU”) 

to memorialize the Parties’ agreement with respect to the creation and funding of a City Social 

Services Navigator. 

I. INTRODUCTION 

The Tribe and the City acknowledge that there are substance use issues in the community, and 

each Party has a strong interest in caring for the health and welfare of its citizens and the 

surrounding community. In an effort to combat substance use issues and serve the community, 

the Tribe plans to operate an outpatient treatment facility that will provide wrap-around 

services for residents of Clallam and Jefferson Counties battling opioid use disorder (the “MAT 

Facility”). The MAT Facility will be located on tribally-owned land located on the northwest 

3.3 acres of Clallam County Assessor Tax Parcel Numbers 033019-330000 and 033019-339010, 

abutting South 9th Avenue and West Washington Street in Sequim, Washington. 

On January 10, 2020, the Tribe submitted joint applications for a building permit and design 

review to construct the MAT Facility. 

On May 5, 2020, a group of private citizens known as Save Our Sequim (“SOS”) initially sued the 

City to block the MAT Facility project and stay the City’s permit review and approval process 

pending resolution of the litigation. This administrative law review action was dismissed by 

motion of the Tribe. On November 25, 2020, SOS filed a Land Use Petition Act (“LUPA”) suit 

against the City appealing its approval of the Tribe’s MAT Facility permit. SOS’s second litigation 

was also resolved by summary judgment on February 26, 2021. 

On June 19, 2020, the City issued a building permit and design review approval and revised 

Mitigated Determination of Non-Significance (“MDNS”) for the Tribe to construct the MAT 

Facility on property zoned to outright permit an outpatient MAT Facility. The Tribe disagreed 

with the MDNS, so it appealed the City’s decision. 

To resolve the dispute between the Tribe and the City, on September 18, 2020, the Parties 

entered into a Stipulated Settlement of the Jamestown S’Klallam Tribe’s Appeal of MDNS 

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Agenda Item 9.4, Attachment 1

(“Settlement Agreement”) under which the City would approve the MAT Facility provided that 

the Tribe satisfied certain requirements and made certain efforts to mitigate any potential 

negative consequences, however speculative, of the Facility. One of the agreed-upon conditions 

in the Settlement Agreement was to establish a City social services navigator position 

(“Navigator”) and the Tribe would provide up to $100,000 annually to help fund the Navigator. 

II. TERMS OF AGREEMENT 

A. Purpose of Navigator 

The Navigator will connect persons in Sequim to community resources that may be needed to 

address social, medical, and behavioral health challenges. The Navigator will work in 

collaboration with the Sequim Police Department, City staff, and community-based 

organizations to engage clients, assess and identify client needs, assist and refer clients, and 

track referrals and services utilized by clients. The Navigator will develop relationships and 

partnerships with organizations that refer potential clients and those community-based 

organizations that provide client services. In addition, the Navigator will collaborate with other 

Social or Community Resource Navigators in the region to develop a comprehensive list of 

resources for clients and to identify data metrics to track across the region. 

Through the establishment of a Navigator, the Parties endeavor to: 

1. Reduce law enforcement responses to calls involving persons in crisis or dealing 

with drug addiction who are engaged by the Navigator for services; 

2. Improve behavioral health conditions of persons engaged by the Navigator; 

3. Improve public safety and public order; 

4. Improve connection to appropriate health and social services; and 

5. Reduce likelihood of criminal justice system involvement by persons engaged by 

the Navigator. 

B. Tribe’s Commitment and Responsibilities 

The Tribe will provide the City up to $100,000 annually, for three years, to fund the Navigator. 

The Parties agree that the Statement of Work provided by the Tribe, which is attached and 

incorporated into this MOU by this reference, will provide the outline for the City when it 

develops its Request for Proposals. The Tribe will pay the City $50,000 on or by January 1 of 

each year during the term of this MOU, with the remaining amount due by no later than 

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Agenda Item 9.4, Attachment 1

December 31, 2022. The Tribe must ensure that all payments are timely and that the City has 

all appropriate and current billing information. 

If and to the extent allowed under law, including confidentiality and privacy laws, the Tribe’s 

MAT Facility will notify the Navigator when a patient leaves the program without completing 

treatment to allow for possible intervention or assistance in transitioning to another program. 

C. City’s Commitment and Responsibilities 

The City will establish a Navigator position or program to be managed and coordinated by the 

Sequim Police Department. The City may elect to hire a Navigator as a City employee or 

contract with a local organization to provide the Navigator services. The Navigator position (or 

functional equivalent) will be established no later than March 1, 2022 or as otherwise agreed by 

the Parties. The Sequim Police Department will determine, in its discretion, the specific duties 

and community services provided by Navigator, consistent with the Statement of Work. The 

City and Sequim Police Department will ensure that the Navigator meets the requirements of 

this MOU and the job performance standards set by the City and the Sequim Police 

Department. 

The City will submit a bill to the Tribe for the remaining amount due for services performed 

under this MOU by no later than November 30th of each year. Bills are deemed received by the 

Tribe after three (3) calendar days have elapsed since the City submitted such bill for payment. 

At the direction of the City and Sequim Police Department, the Navigator will submit quarterly 

and annual reports to both the City of Sequim and the Jamestown S’Klallam Tribe. Unless the 

Parties agree otherwise in writing, the reports must, at a minimum, include: 

Total number of individuals engaged by Navigator in the reporting period 

Total number of new individuals engaged by Navigator in the reporting period 

Of those individuals engaged, how many identify the Sequim-Dungeness area as their 

place of residence 

Number of individuals engaged by Navigator in the reporting period who inform 

Navigator (or Navigator is otherwise informed) that individual has left MAT Facility 

program without completing recommended treatment 

Number of individuals who required transportation by Navigator to or from the MAT 

Facility 

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Agenda Item 9.4, Attachment 1

To the extent allowed by law, and unless the Parties agree otherwise, the Navigator will include 

the following data points on the above engagements: (1) demographics of individuals 

contacted, (2) types of contact (in-person, by phone, on-line), (3) services needed, (4) referrals 

made, and (5) immediate outcome at time of engagement, (6) outcome at time of report, if 

known. The information collected must be anonymized and contain no personal identifiable 

information. 

D. Defense of Agreement 

The Parties each agree to support and defend the MOU and any collaborative projects arising 

under the MOU, and defend their respective authority to enter into and implement this MOU 

and such collaborative projects; provided, however, that this provision does not waive, and 

must not be construed as a waiver of, the sovereign immunity of the Tribe or any of its 

subdivisions or enterprises. 

III. NOTICE AND DESIGNATED CONTACTS 

The Tribe and the City agree to maintain regular and open communication regarding the 

administration and implementation of this MOU. The Parties agree that the following 

individuals will be designated primary contacts regarding administration of this MOU: 

For the Tribe: Jamestown S’Klallam Tribe 

Attn.: Tribal Chair 

1033 Old Blyn Highway 

Sequim, WA 98382 

Telephone: (360) 683-1109 

With a copy to: Jamestown S’Klallam Tribe 

Attn.: D. Brent Simcosky 

Director of Health Services 

Jamestown S’Klallam Tribe 

808 North 5th Ave 

Sequim, WA 98382 

Telephone: (360) 582-4870 

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Agenda Item 9.4, Attachment 1

For the City: City of Sequim 

Attn.: City Clerk 

152 West Cedar Street 

Sequim, WA 98382 

Telephone: (360) 681-3428 

With a copy to: City of Sequim 

Attn.: City Attorney 

152 West Cedar Street 

Sequim, WA 98382 

Telephone: (360) 681-6611 

The Tribe and the City agree that if either believe that the goals and objectives of this MOU are 

not being met, that they will meet promptly to discuss any issues and concerns. 

Any formal notice that may be or is required to be served under this MOU must be mailed by 

certified mail or personally delivered to the designated contacts described above. 

IV. DISPUTE RESOLUTION 

Neither the Tribe nor the City may petition any court to enforce this MOU unless (1) the dispute 

resolution process described in subsections (A) through (D) below has been followed in good 

faith to completion without successful resolution or (2) the other Party fails to enter into the 

dispute resolution process. Should a dispute arise between the Tribe and the City upon an issue 

of compliance with the MOU by either government, or by their officers, employees or agents, 

the Tribe and the City will attempt to resolve the dispute through the following dispute 

resolution process: 

A. Notice 

Either Party may invoke the dispute resolution process by notifying the other in writing of its 

intent to do so. The notice must set out the issues in dispute and the notifying Party’s position 

on each issue. 

B. Meet and Confer 

The first stage of the dispute resolution process includes a face-to-face meeting between 

representatives of the two governments to attempt to resolve the dispute by negotiation. The 

meeting must be convened within 30 calendar days of the date of the written notice described 

in subsection (A) above. The representatives of each government must come to the meeting 

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Agenda Item 9.4, Attachment 1

with the authority to settle the dispute. If the dispute is resolved, the resolution will be 

memorialized in writing signed by the Parties. 

C. Mediation 

If the Parties are unable to resolve the dispute within 60 calendar days of the notice sent under 

subsection (A) above, the parties will engage the services of a mutually agreed upon qualified 

mediator to assist them in attempting to negotiate the dispute. Mediation will be held at a 

mutually-agreed upon location. Costs for the mediator will be borne equally by the Parties. The 

Parties must pursue the mediation process in good faith until the dispute is resolved or until the 

mediator determines that the Parties are not able to resolve the dispute. If the Parties cannot 

agree on a format for the mediation process, the format will be that directed by the mediator. 

If the dispute is resolved, the resolution will be memorialized by the mediator and will bind the 

Parties. 

D. Arbitration 

If a Party terminates the mediation process before completion, or if the mediator determines 

that the dispute cannot be resolved in the mediation process, or if the dispute is not resolved 

within 120 calendar days after the date the mediator is selected, either Party may initiate 

binding arbitration proceedings under the rules of the American Arbitration Association 

(“AAA”), but AAA need not administer the arbitration. The arbitration will be held at a mutuallyagreed upon location. The arbitrator’s decision will be final and binding on the Parties. Each 

Party will bear its own legal costs incurred under this subsection and all costs of the arbitrator 

will be borne equally by the Parties unless the arbitrator determines otherwise. 

V. EFFECT, DURATION, AND AMENDMENT 

A. Effective Date 

[Effective upon execution, first payment, or something else?] 

B. Term 

This MOU will continue in effect for the first three years of the MAT Facility's operation. The 

Parties may extend the term of the MOU by written agreement. 

C. Amendment 

No amendment or modification of this MOU may arise by implication or course of conduct. This 

MOU may be amended only by a subsequent written document, approved by the Tribe and the 

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Agenda Item 9.4, Attachment 1

City and signed by their duly authorized representatives, expressly stating the Parties’ intention 

to amend this MOU. 

D. Severability 

If any provision of this MOU or its application to any person or circumstance is held invalid, the 

remainder of the MOU is not affected. 

E. Third-Party Beneficiaries 

No third party has rights or obligations under this MOU or will be considered a beneficiary of 

this MOU. 

1. No Limitation 

The Parties agree that the signing of this MOU and the resultant benefits and obligations will 

not be construed as limiting any otherwise lawful activity of the Tribe or its subdivisions or 

enterprises nor subject the Tribe or its subdivisions or enterprises to any City jurisdiction not 

agreed to in this MOU. 

This MOU is hereby made this _____day of ___________, 2022. 

JAMESTOWN S’KLALLAM TRIBE 

___________________________________ __________________________________ 

W. Ron Allen, Tribal Chairman/CEO 

Date of Signature: ____________________ ___________________ 

APPROVED AS TO FORM: 

___________________________________ __________________________________ 

Attorney for Jamestown S’Klallam Tribe 

Date of Signature: ____________________ 

CITY OF SEQUIM 

Matthew Huish, City Manager 

Date of Signature: 

APPROVED AS TO FORM: 

Kristina Nelson-Gross, City Attorney 

Date of Signature: ___________________ 

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